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The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Early History Of The Black Lives Matter Movement, And The Implications Thereof, Garrett Chase

Nevada Law Journal

No abstract provided.


A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office of the Inspector General, U.S. Department of Justice 2018 University of Nebraska - Lincoln

A Review Of Various Actions By The Federal Bureau Of Investigation And Department Of Justice In Advance Of The 2016 Election, Office Of The Inspector General, U.S. Department Of Justice

U.S. Department of Justice Publications and Materials

The Department of Justice (Department) Office of the Inspector General (OIG) undertook this review of various actions by the Federal Bureau of Investigation (FBI) and Department in connection with the investigation into the use of a private email server by former Secretary of State Hillary Clinton. Clinton served as Secretary of State from January 21, 2009, until February 1, 2013, and during that time used private email servers hosting the @clintonemail.com domain to conduct official Department of State (State Department) business. In 2014, in response to a request from the State Department to Clinton for “copies of any Federal ...


Employment Discrimination And The Domino Effect, Laura T. Kessler 2018 S.J. Quinney College of Law, University of Utah

Employment Discrimination And The Domino Effect, Laura T. Kessler

Utah Law Faculty Scholarship

Employment discrimination is a multidimensional problem. In many instances, some combination of employer bias, the organization of work, and employees’ responses to these conditions, leads to worker inequality. Title VII does not sufficiently account for these dynamics in two significant respects. First, Title VII’s major proof structures divide employment discrimination into discrete categories, for example, disparate treatment, disparate impact, and sexual harassment. This compartmentalization does not account for the fact that protected employees often concurrently experience more than one form of discriminatory exclusion. The various types of exclusion often add up to significant inequalities, even though seemingly insignificant when ...


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz 2018 Syracuse University

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis 2018 Illinois Mathematics and Science Academy

The Exceptional Negro: Racism, White Privilege And The Lie Of Respectability Politics, Traci Ellis

Publications & Research

Overwhelmingly, black folks have close encounters on a regular basis with being marginalized, insulted, dismissed and discriminated against. It is the natural consequence of still being considered little more than a Negro in this country. Especially for the “Exceptional Negroes.” But, as we will see, the truth is that even with our exceptionalism, we are still just “Negroes” to white America and in case we forget that, they will swiftly remind us.


From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School of Law 2018 Roger Williams University

From Marriage Equality To Amazon: Marek Bute, Rwu Class Of 2005 (May 2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Race And Assisted Reproduction: Implications For Population Health, Aziza Ahmed 2018 Fordham University School of Law

Race And Assisted Reproduction: Implications For Population Health, Aziza Ahmed

Fordham Law Review

This Article emerges from Fordham Law Review’s Symposium on the fiftieth anniversary of Loving v. Virginia, the case that found antimiscegenation laws unconstitutional. Inspired by the need to interrogate the regulation of race in the context of family, this Article examines the diffuse regulatory environment around assisted reproductive technology (ART) that shapes procreative decisions and the inequalities that these decisions may engender. ART both centers biology and raises questions about how we imagine our racial futures in the context of family, community, and nation. Importantly, ART demonstrates how both the state and private actors shape family formation along racial ...


Hollywood Loving, Kevin Noble Maillard 2018 Syracuse University School of Law

Hollywood Loving, Kevin Noble Maillard

Fordham Law Review

In this Essay, I highlight how nongovernmental entities establish political, moral, and sexual standards through visual media, which powerfully underscores and expresses human behavior. Through the Motion Picture Production Code (the “Hays Code”) and the Code of Practices for Television Broadcasters (the “TV Code”), Americans viewed entertainment as a pre-mediated, engineered world that existed outside of claims of censorship and propaganda. This Essay critically examines the role of film and television as persuasive and integral legal actors and it considers how these sectors operate to maintain, and sometimes challenge, racial order.


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro 2018 Florida International University

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin 2018 University of Miami School of Law

Is There Any Silver Lining To Trinity Lutheran Church, Inc. V. Comer?, Caroline Mala Corbin

Michigan Law Review Online

Trinity Lutheran Church, Inc. v. Comer is a significant setback for a strong separation of church and state. Missouri denied a playground grant to Trinity Lutheran because of a state constitutional provision that bans financial aid to churches. The church sued. The Supreme Court held not only that the Establishment Clause allowed the government to give taxpayer money to Trinity Lutheran, but that the Free Exercise Clause required it. The decision's many flaws are not the focus of this short Essay. Instead, this Essay dissects the Supreme Court's reasoning in order to apply it to current controversies in ...


When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner 2018 University of Arkansas at Little Rock William H. Bowen School of Law

When Courts Run Amuck: A Book Review Of Unequal: How America's Courts Undermine Discrimination Law By Sandra F. Sperino And Suja A. Thomas (Oxford 2017), Theresa M. Beiner

Texas A&M Law Review

In Unequal: How America’s Courts Undermine Discrimination Law (“Unequal”), law professors Sandra F. Sperino and Suja A. Thomas provide a point-by-point analysis of how the federal courts’ interpretations of federal anti-discrimination laws have undermined their efficacy to provide relief to workers whose employers have allegedly engaged in discrimination. The cases’ results are consistently pro-employer, even while the Supreme Court of the United States—a court not known for being particularly pro-plaintiff—has occasionally ruled in favor of plaintiff employees. The authors suggest some reasons for this apparent anti-plaintiff bias among the federal courts, although they do not settle on ...


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing 2018 University of San Francisco

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt 2018 Texas A&M University School of Law

Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt

Texas A&M Law Review

Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine ...


Prejudice, Constitutional Moral Progress, And Being "On The Right Side Of History": Reflections On Loving V. Virginia At Fifty, Linda McClain 2018 Boston Univeristy School of Law

Prejudice, Constitutional Moral Progress, And Being "On The Right Side Of History": Reflections On Loving V. Virginia At Fifty, Linda Mcclain

Faculty Scholarship

What does it mean to be on the “right” or “wrong” side of history? When Virginia’s Attorney General explained his decision not to defend Virginia’s “Defense of Marriage Law” prohibiting same-sex marriage, he asserted that it was time for Virginia to be on the “right” rather than “wrong” side of history and the law. He criticized his predecessors, who defended the discriminatory laws at issue in Brown v. Board of Education, Loving v. Virginia, and United States v. Virginia. Loving played a crucial role in the majority opinion in Obergefell v. Hodges, even as the dissenters disputed its ...


Accountability As A Debiasing Strategy: Testing The Effect Of Racial Diversity In Employment Committees, Jamillah Bowman Williams 2018 Georgetown University Law Center

Accountability As A Debiasing Strategy: Testing The Effect Of Racial Diversity In Employment Committees, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

Congress passed Title VII of the Civil Rights Act of 1964 with the primary goal of integrating the workforce and eliminating arbitrary bias against minorities and other groups who had been historically excluded. Yet substantial research reveals that racial bias persists and continues to limit opportunities and outcomes for racial minorities in the workplace. Because these denials of opportunity result from myriad individual hiring and promotion decisions made by vast numbers of managers, finding effective strategies to reduce the impact of bias has proven challenging. Some have proposed that a sense of accountability, or “the implicit or explicit expectation that ...


Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt 2018 Fox School of Business, Temple University

Enemy And Ally: Religion In Loving V. Virginia And Beyond, Leora F. Eisenstadt

Fordham Law Review

Throughout the Loving case, religion appeared both overtly and subtly to endorse or lend credibility to the arguments against racial mixing. This use of religion is unsurprising given that supporters of slavery, white supremacy, and segregation have, for decades, turned to religion to justify their ideologies. Although these views are no longer mainstream, they have recently appeared again in arguments against same-sex marriage and gay and transgender rights generally. What is remarkable in the Loving case, however, is an alternate use of religion, not to justify white supremacy and segregation but instead to highlight the irrationality of its supporters’ claims ...


When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile 2018 U.S. Court of Appeals for the Sixth Circuit

When A Wrongful Birth Claim May Not Be Wrong: Race, Inequality, And The Cost Of Blackness, Kimani Paul-Emile

Fordham Law Review

The year 2017 marked the fiftieth anniversary of the Loving v. Virginia decision, in which a unanimous U.S. Supreme Court struck down as unconstitutional laws prohibiting interracial marriage. Today, when we consider interracial loving, we tend to envision romantic relationships. What is often overlooked, however, is the relationship between parent and child: among the most intimate of relationships. A primary reason for this oversight may be that we do not often conceptualize the parent and child relationship as an interracial space. Indeed, although most people select their romantic partners, few are afforded the opportunity to select their children outside ...


Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr. 2018 University of Maine School of Law

Multiculturalism And The Bill Of Rights, Arthur Schlesinger Jr.

Maine Law Review

The Second Annual Frank M. Coffin Lecture on Law and Public Service was held on October 7, 1993. Professor Arthur M. Schlesinger, Jr. presented "Multiculturalism and the Bill of Rights."


15th Diversity Symposium Dinner 4-27-2018, Michael M. Bowden 2018 Roger Williams University Schol of Law

15th Diversity Symposium Dinner 4-27-2018, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.


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